DepEd Order No. 22, s. 2013: Revised Guidelines on the Transfer of Teachers

DepEd Order No. 22, s. 2013, dated April 17, 2013, sets the Revised Guidelines on the Transfer of Teachers from One Station to Another. It amends DepEd Order No. 21, s. 2005. It explains when a public school teacher may be transferred even without consent, how to decide whom to transfer, and which teachers get priority when they ask for a transfer. It was signed by then Education Secretary Br. Armin A. Luistro FSC.

READ: Sample Request Letter for Teacher Transfer from One Station to Another

On this page 8 sections

Why DepEd issued this order

DepEd’s teacher deployment analysis kept showing that teachers were not spread evenly across public schools. Many “cool colored” schools had a pupil/student-teacher ratio below 40:1. At the same time, many schools were still “red” or “black,” meaning they had too few teachers. Moving teachers from one station to another is one way DepEd keeps teacher deployment fair.

Key points

When a teacher may be transferred without consent

DepEd must first try hard to get the teacher’s consent. Some situations count as being “in the exigency of the service,” and a transfer may then happen even without consent:

• The school’s pupil/student-teacher ratio is below 35:1 for elementary or 27:1 for secondary. Schools running multigrade classes are not covered by this rule.
• Enrolment has dropped a lot because of evacuation due to armed conflict, natural disasters, resettlement of families, closure of large private firms in the area, or similar events.
• The principal or school head declares the teacher excess, and the teacher’s expertise or area of specialization is needed in another school, district, or division.

Guide on whom to transfer

When a transfer is needed in the exigency of the service, the order suggests choosing from:

1. Teachers who were hired last (Last in, First out)
2. Teachers who do not live in the barangay or municipality where the school is located
3. Teachers who live in the barangay or municipality of the receiving school
4. Secondary teachers who teach subjects outside their area of specialization

If the teacher does not want to transfer

A teacher identified for transfer who chooses not to move will be given extra assignments instead. These include remedial and summer classes, work on Alternative Delivery Modes (ADMs), tasks for the Alternative Learning System (ALS), and other tasks the school head finds proper.

Who gets priority when asking for a transfer

When teachers ask to move to a station that needs more teachers, priority goes to a teacher who:

• Has been declared excess by the school head, or whose expertise is needed in another school, district, or division
• Has served more than five years outside his or her home barangay or municipality
• Is a bona fide resident of the barangay, municipality, city, or province where the school is located, shown by the teacher’s Voter’s ID (RA No. 8190, Localization Law)
• Is joining his or her spouse in the same school (RA No. 4670)
• Is a nursing mother (PD No. 603, Child and Youth Welfare Code)
• Is in danger because of armed conflict, hostilities, or similar situations where the school is located
• Is in poor health, shown by medical records

What schools and offices need to do

• The Division Planning Unit must record and process every teacher transfer in the EBEIS and analyze its effect on the pupil/student-teacher ratio.
• Anyone who violates these guidelines may be charged administratively under Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other relevant laws.
• The guidelines must be read in line with the Administrative Code of 1987 and RA No. 4670, the Magna Carta for Public School Teachers.

Effectivity

The order took effect immediately upon approval. It amends DepEd Order No. 21, s. 2005, and repeals, rescinds, or modifies other issuances that are inconsistent with it.

What changed from DepEd Order No. 21, s. 2005

Topic	DO 21, s. 2005	DO 22, s. 2013
Ratio that allows transfer without consent (secondary)	Below 40:1	Below 27:1
Multigrade schools	Not mentioned	Excluded from the ratio rule
Performance rating as a basis for choosing whom to transfer	Included	Removed
Teachers who refuse transfer	Not covered	Given additional assignments
Teacher declared excess as a priority for requested transfer	Not listed	Listed
Proof for residency and poor health	Not required	Voter’s ID and medical records
Recording of transfers	Not covered	Division Planning Unit records in EBEIS
School head acknowledgment letter	Required	Not mentioned

Full text: DepEd Order No. 22, s. 2013

April 17, 2013

Revised Guidelines on the Transfer of Teachers from One Station to Another

To: Undersecretaries; Assistant Secretaries; Bureau Directors; Directors of Services, Centers and Heads of Units; Regional Directors; Schools Division/City Superintendents; Heads, Public Elementary and Secondary Schools

1. The Basic Education Information System (BEIS) Teacher Deployment Analysis for the previous school years consistently reveals imbalances in the deployment of public school teachers. There are still a big number of “cool colored” schools, with pupil/student-teacher ratio of less than 40:1, while at the same time, there remains many “red” and “black” schools. As such, it is imperative to effect transfers of teachers from one station to another in order for the Department of Education (DepEd) to ensure the equity of teacher deployment.

   
   

2. In view of the foregoing circumstances, this Department hereby amends DepEd Order No. 21, s. 2005 and issues these Revised Guidelines on the Transfer of Teachers from One Station to Another.

   
   

3. While efforts shall be exhausted to secure the consent of a teacher to be transferred, there are certain conditions which can validly be considered as “in the exigency of the service” and transfers may be made even without the consent of the teacher. These include the following:

   • a. When the pupil/student-teacher ratio of the school is below 35:1 for elementary and 27:1 for secondary level, except when the school is implementing multigrade classes;
   • b. When there is a considerable decrease in enrolment in certain schools arising from evacuation due to armed conflict, national disasters, resettlement of families, closure of large private firms in the area, and other similar circumstances; or
   • c. When the teacher is declared excess by the principal/school head (SH) and his/her expertise/area of specialization is needed in another school/district/division.

4. As such, in the event that teachers are transferred in the exigency of the service, the following may serve as a guide in the decision on whom to transfer:

   • a. Teachers who were last to be hired (Last in, First out);
   • b. Non-residents of the barangay or municipality where the school is located;
   • c. Residents of the barangay or municipality of the proposed recipient school; or
   • d. Secondary school teachers teaching subjects other than their areas of specialization.

5. Should teachers identified in Paragraph Nos. 3 and 4 desire not to transfer, they shall be given additional assignments such as remedial and summer classes, work related to Alternative Delivery Modes (ADMs), tasks concerning Alternative Learning Systems (ALS) and other assignments that their respective SHs may deem proper.

   
   

6. On the other hand, the following situations should be given priority when teachers are seeking transfer to another station which is in need of additional teachers:

   • a. When the teacher is declared excess by the SH and/or his/her expertise/area of specialization is needed in another school/district/division;
   • b. The teacher has served for more than five years outside his/her home barangay/municipality;
   • c. The teacher is a bonafide resident of the barangay, municipality, city, or province where the school is located (RA No. 8190, Localization Law), as evidenced by the teacher’s Voter’s ID;
   • d. The teacher is joining his/her husband/wife in the same school (RA No. 4670);
   • e. She is a nursing mother (PD No. 603, Child and Youth Welfare Code);
   • f. The teacher’s life is in danger due to armed conflict, hostilities, or other similar circumstances in the area where the school is located; or
   • g. He/She is in poor health condition, as evidenced by pertinent medical records to that effect.

7. The Division Planning Unit shall ensure that the transfer of teachers in their respective divisions are properly recorded and processed in the EBEIS, and its effect on pupil/student-teacher ratio is analyzed.

   
   

8. Anyone found guilty of violating any of the provisions of these guidelines or any part hereof shall be charged administratively pursuant to Republic Act (RA) No. 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees and other relevant laws, rules, and regulations.

   
   

9. These guidelines shall be construed consistent with the Administrative Code of 1987 and with RA No. 4670, otherwise known as the Magna Carta for Public School Teachers.

   
   

10. These guidelines hereby amend DepEd Order No. 21, s. 2005. Other rules, regulations and issuances which are also inconsistent with these guidelines are hereby repealed, rescinded or modified accordingly.

    
    

11. These guidelines shall take effect immediately upon approval.

    
    

12. Immediate dissemination of and strict compliance with this Order is directed.

    
    

BR. ARMIN A. LUISTRO FSC
Secretary

Full text: DepEd Order No. 21, s. 2005 (amended)

May 04, 2005

Adoptive Measures in the Transfer of Teachers from One Station to Another

To: Undersecretaries; Assistant Secretaries; Bureau/Service/Center Directors; DepEd Regional Directors; DepEd ARMM Regional Secretary; Schools Division Superintendents; Schools Heads

1. The BEIS Teacher Deployment Analysis for three consecutive school years starting 2002-2003 consistently reveals imbalances in the deployment of public school teachers. Despite the issuance of DepEd Order No. 50, s. 2003 re: Adoptive Measures in Filling-up Vacant Teaching Positions, the situation has not improved significantly. There are still a big number of “cool colored” schools, i.e. those with pupil-teacher ratio (PTR) of less than 40:1 while at the same time, there remain many “red” and “black” schools.

   
   

2. Inasmuch as there is a limited number of new teaching positions approved in FY 2005 and considering that there are about 30,777 teacher items required to at least reduce the PTR to 45:1, transfer of teachers from one station to another shall be implemented before the new Teacher 1 items for the current year are deployed.

   
   

3. Provision II, Sec. 6 of R.A. 4670, otherwise known as “The Magna Carta for Public School Teachers”, states that “where the exigencies of the service required the transfer of a teacher from one station to another, such transfer may be effected by the schools division superintendent who shall previously notify the teacher concerned of the transfer and the reason(s) therefor”.

   
   

4. While efforts shall be exhausted to secure the consent of a teacher to be transferred, there are certain conditions which can validly be considered as “in the exigency of the service” and transfers may be made even without the consent of the teacher. These include the following:

   • a. when the pupil-teacher ratio of the school is below 35:1 for elementary and 40:1 for secondary level;
   • b. when there is a considerable decrease in enrolment in certain schools arising from evacuation due to armed conflict, national disasters, resettlement of families, closure of large private firms in the area;
   • c. when the teacher is declared excess by the principal/school head and his/her expertise/area of specialization is needed in another school/district/division.

5. In the event that transfer of teachers shall be implemented, the following may serve as a guide in the decision on whom to transfer:

   • a. Teachers who were last to be hired (Last in, First Out)
   • b. Non-residents of the barangay or municipality where the school is located
   • c. Residents of the barangay or municipality of the proposed recipient school
   • d. Secondary school teachers teaching subjects other than their areas of specialization
   • e. Performance rating

6. On the other hand, the following situations should be given priority when teachers are seeking transfer to another station which is in need of additional teachers:

   • a. teachers have served for more than 5 years outside their home barangay/municipality;
   • b. the teacher is a bonafide resident of the barangay, municipality, city or province where the recipient school is located (R.A. 8190, Localization Law);
   • c. the teacher is joining his/her husband/wife in the same school (R.A. 4670);
   • d. she is a nursing mother (PD 603, Child and Youth Welfare Code);
   • e. one’s life would be endangered due to existing peace and order situation and
   • f. he/she is in poor health condition.

7. Every School Head must send to the Division Office a letter acknowledging receipt of the DepEd Order including the date of receipt and committing to comply with its provision.

   
   

8. Immediate dissemination of and strict compliance with this Order is mandated.

   
   

FLORENCIO B. ABAD
Secretary

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